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(영문) 서울동부지방법원 2014.06.11 2013가합104262
시설물철거 등
Text

1. Each lawsuit against the Defendants by Plaintiffs C, D, E, and F shall be dismissed.

2. The remainder, other than the plaintiffs mentioned in paragraph 1.

Reasons

1. The Defendants of this case’s defense to the effect that the instant lawsuit is unlawful as it was filed by a person who did not have the right of attorney, denying the right of attorney of law firm G, claiming that the Defendants are legal representatives of the instant Plaintiffs.

In the event that the power of attorney is a private document, whether or not the court shall issue a certification order with respect to the certification of the power of attorney shall belong to the discretion of the court. However, in case where the other party is disputed and there is no obvious evidence that the power of attorney is authentic on the record, the court shall investigate whether or not the power of attorney is defective, such as issuing a certification order with respect to the certification of such power of attorney or otherwise awarding the power of attorney. In case where the person who files a lawsuit as an attorney fails to prove his power of attorney despite the certification order of the court, the court may dismiss such lawsuit on the ground that it is unlawful to have been instituted by a person who has no power of attorney.

(See Supreme Court Order 97Ma1574 delivered on September 22, 1997. In this case, since there is no clear evidence that the Defendants asserted the plaintiffs' attorney's attorney's attorney's right to attorney and the attorney's attorney's right to attorney's right to attorney submitted by the plaintiffs to the complaint is true, this court ordered the plaintiffs' attorney's attorney at the third day of pleading No. 19 of February 19, 2014 to submit a letter of delegation attached with the plaintiffs' certificate of attorney's seal impression issued within the last two months. The plaintiffs' attorney submitted a letter of delegation attached with the certificate of attorney's seal impression issued within the last two months with respect to the plaintiffs other than C, D, E, and F (hereinafter "Plaintiff et al."). However, with respect to the plaintiffs et al. and three others, it was issued within the last two months until the closing date of the pleadings of this case.

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